THE NATIONAL SECURITY GUARD ACT, 1986 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Persons subject to this Act. 

CHAPTER II 
CONSTITUTION OF THE SECURITY GUARD AND CONDITIONS OR SERVCE OF THE MEMBERS OF THE 
SECURITY GUARD 

4.  Constitution of the Security Guard. 
5.  Control, direction, etc. 
6.  Liability for service outside India. 
7.  Resignation and withdrawal from the post. 
8.  Tenure of service under the Act. 
9.  Termination of service by Central Government. 
10.  Dismissal, removal or reduction by the Director-General and by other officers. 
11.  Certificate of termination of service. 
12.  Restrictions respecting right to form associations, freedom of speech, etc. 
13.  Remedy of aggrieved persons other than officers. 
14.  Remedy of aggrieved officers. 

CHAPTER III 
OFFENCES 
15.  Offences in relation to the terrorists and other persons in arms against the Union and punishable 

with death. 

16.  Offences punishable more severely on active duty than at other times. 
17.  Mutiny. 
18.  Desertion and aiding desertion. 
19.  Absence without leave. 
20.  Striking or threatening superior officer. 
21.  Disobedience to superior officer. 
22.  Assault and obstruction. 
23.  Certain forms of disgraceful conduct. 
24.  Ill-treating a subordinate. 
25.  Drunkenness. 
26.  Permitting escape of person in custody. 
27.  Irregularity in connection with arrest or confinement. 
28.  Escape from custody. 
29.  Offences in respect of property. 
30.  Extortion and exaction. 

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SECTIONS 

31.  Making away with equipment. 
32.  Injury to property. 
33.  False accusations. 
34.  Falsifying official documents and false declarations. 
35.  False declaration on appointment. 
36.  Offences relating to Security Guard Court. 
37.  False evidence. 
38.  Unlawful detention of pay. 
39.  Unbecoming conduct. 
40.  Violation of good order and discipline. 
41.  Miscellaneous offences. 
42.  Attempt. 
43.  Abetment of offences that have been committed. 
44.  Abetment of offences that have not been committed. 
45.  Civil offences. 
46.  Civil offences not triable by a Security Guard Court. 

CHAPTER IV 

PUNISHMENTS 

47.  Punishments awardable by Security Guard Courts. 
48.  Alternative punishments awardable by Security Guard Courts. 
49.  Combination of punishments. 
50.  Punishments otherwise than by Security Guard Courts. 
51.  Minor punishments. 
52.  Limit of punishments under section 51. 
53.  Punishment of officers of or below the rank of Squadron Commanders by officers not below the 

rank of Inspectors-General. 

54.  Punishment of persons of the rank of Assistant Commander. 

CHAPTER V 
ARREST AND PROCEEDINGS BEFORE TRIAL 

55.  Custody of offenders. 
56.  Duty of Commander in regard to detention. 
57.  Interval between committal and trial. 
58.  Arrest by civil authorities. 
59.  Capture of deserters. 
60.  Inquiry into absence without leave. 

CHAPTER VI 
SECURITY GUARD COURTS 

61.  Kinds of security Guard Courts. 
62.  Power to convene General Security Guard Court. 
63.  Power to convene a Petty Security Guard Court. 
64.  Contents of warrants issued under sections 62 and 63. 
65.  Composition of General Security Guard Court. 
66.  Composition of a Petty Security Guard Court. 
67.  Summary Security Guard Court. 

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SECTIONS 

68.  Dissolution of a Security Guard Court. 
69.  Powers of a General Security Guard Court. 
70.  Powers of a Petty Security Guard Court. 
71.  Powers of a Summary Security Guard Court. 
72.  Prohibition of second trial. 
73.  Period of limitation for trial. 
74.  Trial, etc., of offender who ceases to be subject to this Act. 
75.  Application of Act during term of sentence. 
76.  Place of trial. 
77.  Choice between Criminal Court and Security Guard Court. 
78.  Power of criminal court to require delivery of offender. 

CHAPTER VII 
PROCEDURE OF SECURITY GUARD COURTS 

79.  Presiding officer. 
80.  Judge Attorneys, etc. 
81.  Challenges. 
82.  Oaths of members, Judge Attorney and witness. 
83.  Voting by members. 
84.  General rule as to evidence. 
85.  Judicial notice. 
86.  Summoning witnesses. 
87.  Documents exempted from production. 
88.  Commissions for examination of witnesses. 
89.  Examination of witness on commission. 
90.  Conviction of offence not charged. 
91.  Presumption as to signatures. 
92.  Appointment paper. 
93.  Presumption as to certain documents. 
94.  Reference by accused to Government officer. 
95.  Evidence of previous convictions and general character. 
96.  Lunacy of accused. 
97.  Subsequent fitness of lunatic accused for trial. 
98.  Transmission to Central Government of orders under section 97. 
99.  Release of lunatic accused. 
100. Delivery of lunatic accused to relatives. 
101. Order for custody and disposal of property pending trial. 
102. Order for disposal of property regarding which offence is committed. 
103. Powers of Security Guard Court in relation to proceedings under the Act. 

CHAPTER VIII 
CONFIRMATION AND REVISION 

104. Finding and sentence not valid, unless confirmed. 
105. Power to confirm finding and sentence of General Security Guard Court 
106. Power to confirm finding and sentence of Petty Security Guard Court. 
107. Limitation of powers of confirming authority. 
108. Power of confirming authority to mitigate, remit or commute sentences. 

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SECTIONS 

109. Revision of finding or sentence. 
110. Finding and sentence of a Summary Security Guard Court. 
111. Transmission of proceedings of Summary Security Guard Court. 
112. Alteration of finding of sentence in certain cases. 
113. Remedy against order, finding or sentence of Security Guard Court. 
114. Annulment of proceedings. 

CHAPTER IX 
EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. 

115. Form of sentence of death. 
116. Commencement of sentence of imprisonment. 
117. Execution of sentence of imprisonment. 
118. Temporary custody of offender. 
119. Execution of sentence of imprisonment in special cases. 
120. Conveyance of prisoner from place to place. 
121. Communication of certain orders to prison officers. 
122. Execution of sentence of fine. 
123. Informality or error in the order or warrant. 
124. Pardon and remission. 
125. Cancellation of conditional pardon, release on parole or remission.  
126. Suspension of sentence of imprisonment. 
127. Orders pending suspension. 
128. Release on suspension. 
129. Computation of period of suspension. 
130. Order after suspension. 
131. Reconsideration of case after suspension. 
132. Fresh sentence after suspension. 
133. Scope of power of suspension. 
134. Effect of suspension and remission on dismissal. 

CHAPTER X 
MISCELLANEOUS 

135. Rank structure. 
136. Deduction from pay and allowances. 
137. Powers and duties conferable and imposable on members of the Security Guard.  
138. Protection for acts of members of the Security Guard. 
139. Power to make rules. 
140. Provisions as to existing National Security Guard. 

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THE NATIONAL SECURITY GUARD ACT, 1986 

ACT NO. 47 OF 1986 

An  Act  to  provide  for  the  constitution  and  regulation  of  an  armed  force  of  the  Union  for 
combating  terrorist  activities  with  a  view  to  protecting  States  against  internal  disturbances 
and for matters connected therewith. 

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— 

[22nd September, 1986.] 

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the National Security Guard Act, 

1986. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “active duty”, in relation to a person subject to this Act, means any duty as a member of the 
Security Guard during the period in which such person is attached to, or forms part of, a unit of the 
Security Guard— 

(i) which is engaged in operations against terrorists or any person in arms against the Union; 

or 

(ii)  which  is  operating  at  a  picket  or  engaged  on  patrol  or  any  other  duty,  in  relation  to 

combating terrorist activity; 

(b)  “Assistant  Commander”  means  a  person  appointed  or  in  pay  as  an  Assistant  Commander 

Grade I, Assistant Commander Grade II or Assistant Commander Grade III; 

(c) “civil offence” means an offence which is triable by a Criminal Court or by a special Judge 

appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); 

(d) “civil prison” means any jail or place used for the detention of any criminal prisoner under the 

Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; 

(e) “combatised tradesman” means a person appointed or in pay as a combatised tradesman; 

(f)  “Commander”,  when  used  in  any  provision  of  this  Act  with  reference  to  any  unit  of  the 
Security Guard, means the officer whose duty it is to discharge with respect to that unit, the functions 
of a Commander in regard to matters of the description referred to in that provision; 

(g) “Criminal Court” means a Court of ordinary criminal justice in any part of India and includes 

a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); 

(h)  “Deputy  Inspector-General”  means  a  Deputy  Inspector-General  of  the  Security  Guard 

appointed under section 5; 

(i) 

“Director-General” 

and 

“Additional  Director-General”  mean, 

respectively, 

the             

Director-General  and  an  Additional  Director-General  of  the  Security  Guard  appointed  under     
section 5; 

1. 16th October, 1986, vide notification No. S.O. 737(E), dated 16th October, 1986, see Gazette of India, Extraordinary, Part II, 
sec. 3(ii). 

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(j)  “Group”  means  a  unit  of  the  Security  Guard  constituted  as  a  Group  by  the  Central 

Government; 

(k)  “Group  Commander”  means  a  Group  Commander  of  the  Security  Guard  appointed  under 

section 5; 

(l)  “Inspector-General”  means  an  Inspector-General  of  the  Security  Guard  appointed  under 

section 5; 

(m)  “Judge  Attorney-General”,  “Additional  Judge  Attorney-General”,  “Deputy  Judge      

Attorney-General”  and  “Judge  Attorney”  mean,  respectively,  the  Judge  Attorney-General,  an 
Additional Judge  Attorney-General,  a  Deputy  Judge  Attorney-General  and  a  Judge  Attorney  of  the 
Security Guard appointed in the appropriate rank by the Central Government; 

(n) “member of the Security Guard” means an officer, an Assistant Commander, a Ranger or a 

combatised tradesman; 

(o) “notification” means a notification published in the Official Gazette; 

(p) “offence” means any act or omission punishable under this Act and includes a civil offence; 

(q) “officer” means a person appointed or in pay as an officer of the Security Guard; 

(r) “prescribed” means prescribed by rules; 

(s) “Ranger” means a Ranger Grade I and a Ranger Grade II of the Security Guard; 

(t) “rule” means a rule made under this Act; 

(u) “Security Guard” means the National Security Guard; 

(v) “Security Guard Court” means a Court referred to in section 61; 

(w) “Security Guard custody” means the arrest or confinement of a member of the Security Guard 

according to rules; 

(x) “superior officer”, when used in relation to a person subject to this Act, means— 

(i) any member of the Security Guard to whose command such person is for the time being 

subject in accordance with the rules; 

(ii) any officer of a higher rank or class, 

and includes, when such person is not an officer, an Assistant Commander or a Ranger of a higher rank or 
class; 

(y)  “terrorist”  means  any  person  who,  with  intent  to  over-awe  the  Government  as  by  law 
established or to strike terror in the people or any section of the people or to alienate any section of 
the people or to adversely affect the harmony amongst different sections of the people, does any act 
or  thing  by  using  bombs,  dynamite  or  other  explosive  substances  or  inflammable  substances  or 
firearms  or  other  lethal  weapons  or  poisons  or  noxious  gases  or  other  chemicals  or  any  other 
substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or 
as is likely to cause, death of, or injuries to, any person or persons or damage to, or destruction of, 
property or disruption of any supplies or services essential to the life of the community; 

(z)  all  words  and  expressions  used  and  not  defined  in  this  Act  but  defined  in  the  Indian  Penal 

Code (45 of 1860) shall have the meanings respectively assigned to them in that Code. 

(2) In this Act, references to any law not in force in any State shall be construed as references to 

the corresponding law in force  in that State. 

3. Persons subject to this Act.—(1) The following persons appointed (whether on deputation or in 

any other manner) in the Security Guard shall be subject to this Act, wherever they may be, namely:— 

(a) officers and Assistant Commander; and 

(b) Rangers and combatised tradesmen. 

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(2)  Every  person  subject  to  this  Act  shall  remain  so  subject  until  repatriated,  retired,  released, 
discharged, removed or dismissed from the Security Guard in accordance with the provisions of this Act 
and the rules. 

CHAPTER II 

CONSTITUTION OF THE SECURITY GUARD AND CONDITIONS OR SERVCE OF THE MEMBERS OF THE 
SECURITY GUARD 

4. Constitution of the Security Guard.—(1) There shall be an armed force of the Union called the 
National  Security  Guard  for  combating  terrorist  activities  with  a  view  to  protect  States  against  internal 
disturbances. 

(2) Subject to the provisions of this Act, the Security Guard shall be constituted in such manner as 
may be prescribed and the conditions of service of the members of the Security Guard shall be such as 
may be prescribed. 

5.  Control,  direction,  etc.—(1)  The  general  superintendence,  direction  and  control  of  the  Security 
Guard shall vest in, and be exercised by, the Central Government and subject thereto and to the provisions 
of this Act and the rules, the command and supervision of the Security Guard shall vest in an officer to be 
appointed by the Central Government as the Director-General of the Security Guard. 

(2)  The  Director-General  shall,  in  the  discharge  of  his  duties  under  this  Act,  be  assisted  by  such 
number  of  Additional  Directors-General,  Inspectors-General,  Deputy  Inspectors-General,  Group 
Commanders and other officers as may be appointed by the Central Government. 

6. Liability for service outside India.—Every member of the Security Guard shall be liable to serve 

in any part of India as well as outside India. 

7.  Resignation  and  withdrawal  from  the  post.—No  member  of  the  Security  Guard  shall  be  at 

liberty— 

(a) to resign his appointment during the term of his engagement; or 

(b) to withdraw himself from all or any of the duties of his appointment, 

except with the previous permission in writing of the prescribed authority. 

8. Tenure of service under the Act.—Every person subject to this Act shall hold office during the 

pleasure of the President. 

9. Termination of service by Central Government.—Subject to the provisions of this Act and the 

rules, the Central Government may dismiss or remove from service any person subject to this Act. 

10.  Dismissal,  removal  or  reduction  by  the  Director-General  and  by  other  officers.—(1)  The 
Director-General, any Additional Director-General or any Inspector-General may dismiss or remove from 
service  or  reduce  to  a  lower  grade  or  rank  or  the  ranks,  any  person  subject  to  this  Act  other  than  an 
officer. 

(2)  An  officer  not  below  the  rank  of  a  Deputy  Inspector-General  or  any  prescribed  officer  may 
dismiss or remove from the service any person under his command other than an officer or an Assistant 
Commander. 

(3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the 

ranks any person under his command except an officer or an Assistant Commander. 

(4) The exercise of any power under this section shall be subject to the provisions of this Act and the 

rules. 

11. Certificate of termination of service.—An Assistant Commander or a Ranger or a combatised 
tradesman who is retired, released, discharged, removed or dismissed from the service shall be furnished 
by the officer to whose command he is subject, with a certificate setting forth— 

(a) the authority terminating his service; 

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(b) the cause for such termination; and 

(c) the full period of his service in the Security Guard. 

12.  Restrictions  respecting  right  to  form  associations,  freedom  of  speech,  etc.—(1)  No  person 
subject  to  this  Act  shall,  without  the  previous  sanction  in  writing  of  the  Central  Government  or  of  the 
prescribed authority,— 

(a)  be  a  member  of,  or  be  associated  in  any  way  with,  any  trade  union,  labour  union,  political 

association or with any class of trade unions, labour unions or political associations; or 

(b)  be  a  member  of,  or  be  associated  in  any  way  with,  any  society,  institution,  association  or 
organisation  that  is  not  recognised  as  part  of  the  Security  Guard  or  is  not  of  a  purely  social, 
recreational or religious nature; or 

(c)  communicate  with  the  press  or  publish  or  cause  to  be  published  any  book,  letter  or  other 
document except where such communication or publication is in the bona fide discharge of his duties 
or is of a purely literary, artistic or scientific character or is of a prescribed nature. 

Explanation.—If any question arises as to whether any society, institution, association or organisation 
is of a purely social, recreational or religious nature under clause  (b) of this sub-section, the decision of 
the Central Government thereon shall be final. 

(2)  No  person  subject  to  this  Act  shall  participate  in,  or  address,  any  meeting  or  take  part  in  any 
demonstration organised by any body of persons for any political purposes or for such other purposes as 
may be prescribed. 

13.  Remedy  of  aggrieved  persons  other  than  officers.—(1)  Any  person  subject  to  this  Act  other 
than an officer who deems himself wronged by any superior or other officer may, complain to the officer 
under whose command he is serving. 

(2)  When  the  officer  complained  against  is  the  officer  to  whom  any  complaint  should,  under          

sub-section (1), be preferred, the aggrieved person may complain to such officer’s next superior officer. 

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may 
be possible for giving full redress to the complainant; or when necessary, refer the complaint to a superior 
authority. 

(4) The Director-General may revise any decision made under any of the foregoing sub-sections, but, 

subject thereto, such decision shall be final. 

14. Remedy of aggrieved officers.—Any officer who deems himself wronged by his Commander or 
any  other superior  officer and  who,  on due application  made  to  his  Commander  or such other  superior 
officer,  does  not  receive  the  redress  to  which  he  considers  himself  entitled,  may  complain  to  the        
Director-General or the Central Government through proper channel. 

CHAPTER III 

OFFENCES 

15.  Offences  in  relation  to  the  terrorists  and  other  persons  in  arms  against  the  Union  and 
punishable with death.—Any person subject to this Act who commits any of the following offences, that 
is to say,— 

(a) shamefully abandons place of his duty or misbehaves in such manner as to show cowardice 

during operations; 

(b) treacherously holds correspondence with, or communicates intelligence to, a terrorist or any 

person in arms against the Union; or 

(c) directly or indirectly assists any terrorist with money, arms, ammunition, stores or supplies or 

in any other manner whatsoever; or 

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(d) knowingly does any act calculated to imperil the success of the Security Guard or the military, 
naval, air forces or any other armed force of India or any forces co-operating therewith or any part of 
such forces, 

shall, on conviction by a Security Guard Court, be liable to suffer death or such less punishment as is in 
this Act mentioned. 

16. Offences punishable more severely on active duty than at other times.—Any person subject to 

this Act who commits any of the following offences, that is to say,— 

(a) forces a safeguard, or forces or uses criminal force to a sentry; or 

(b) breaks into any house or other place in search of plunder; or 

(c) being a sentry sleeps upon his post, or is drunk; or 

(d) without orders from his superior officer leaves his guard, picket, patrol or post,  

shall, on conviction by a Security Guard Court,— 

(i) if he commits any such offence when on active duty, be liable to suffer imprisonment for a 

term which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

(ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for 

a term which may extend to seven years of such less punishment as is in this Act mentioned. 

17. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to 

say,— 

(a) begins, incites, causes or conspires with any other person to cause any mutiny in the Security 
Guard or in the military, naval, air forces or any other armed force of India or any forces co-operating 
therewith; or 

(b) joins in any such mutiny; or 

(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or 

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention 
to  mutiny  or  of  any  such  conspiracy,  does  not,  without  delay,  give  information  thereof  to  his 
Commander or other superior officer; or 

(e) endeavours to seduce any person in the Security Guard or in the military, naval, air forces or 
any other armed force of India or any forces co-operating therewith from his duty or allegiance to the 
Union, 

shall, on conviction by a Security Guard Court, be liable to suffer death or such less punishment as is in 
this Act mentioned. 

18. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to 

desert the service shall, on conviction by a Security Guard Court,— 

(a) if he commits the offence when on active duty or when under orders for active duty, be liable 

to suffer death or such less punishment as is in this Act mentioned; and 

(b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for 

a term which may extend to seven years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by 
a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or 
such less punishment as is in this Act mentioned. 

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a 
person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take 
any steps in his power to cause such person to be apprehended, shall, on conviction by a Security Guard 
Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment 
as is in this Act mentioned. 

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(4) For the purposes of this Act, a person deserts,— 

(a) if he absents from his unit or the place of duty at any time with the intention of not reporting 
back to such unit or place, or who, at any time and under any  circumstances when absent from his 
unit or place of duty, does any act which shows that he has an intention of not reporting to such unit 
or place of duty; 

 (b) if he absents himself without leave with intent to avoid any active duty. 

19.  Absence  without  leave.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) absents himself without leave; or 

(b) without sufficient cause overstays leave granted to him; or 

(c) being on leave or absence and having received information from the appropriate authority that 
any unit or part thereof to which he belongs, has been ordered on active duty, fails, without sufficient 
cause, to rejoin without delay; or 

(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for 

exercise or duty; or 

(e) when on parade, or on the line of march, without sufficient cause or without leave from his 

superior officer, quits the parade or line of march; or 

(f) when in camp or elsewhere, is found beyond any  limits fixed, or in any place prohibited, by 

any general, local or other order, without a pass or written leave from his superior officer; or 

(g) without leave from his superior officer or without due cause, absents himself from any school 

when duly ordered to attend there, 

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to three years or such less punishment as is in this Act mentioned. 

20. Striking or threatening superior officer.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) uses criminal force to or assaults his superior officer; or 

(b) uses threatening language to such officer; or 

(c) uses insubordinate language to such officer, 

shall, on conviction by a Security Guard Court,— 

(i) if such officer is at the time in the execution of his office or, if the offence is committed on 
active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such 
less punishment as is in this Act mentioned; and 

(ii) in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less 

punishment as is in this Act mentioned: 

Provided that in the case of any offence specified in clause (c), the imprisonment shall not exceed five years. 

21.  Disobedience  to  superior  officer.—(1)  Any  person  subject  to  this  Act  who  disobeys,  in  such 
manner as to show a wilful defiance of authority, any lawful command given personally by his superior 
officer  in  the  execution  of  his  office  whether  the  same  is  given  orally,  or  in  writing  or  by  signal  or 
othrewise,  shall,  on  conviction  by  a  Security  Guard  Court,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to fourteen years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who disobeys any lawful command given by his superior officer 
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to seven years or such less punishment as is in this Act mentioned. 

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22.  Assault  and  obstruction.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a)  being  concerned  in  any  quarrel,  affray  or  disorder,  refuses  to  obey  any  officer,  though  of 

inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or 

(b)  uses  criminal  force  to,  or  assaults  any  person,  whether  subject  to  this  Act  or  not,  in  whose 

custody he is lawfully placed, and whether he is or is not his superior officer; or 

(c) resists an escort whose duty it is to apprehend him or have him in charge; or 

(d) breaks out of barracks, camp or quarters; or 

(e) refuses to obey any general, local or other order,  

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend,  in  the  case  of  offences  specified  in  clauses  (d)  and  (e),  to  two  years,  and  in  the  case  of  the 
offences specified in the other clauses, to ten years, or in either case such less punishment as is in this Act 
mentioned. 

23. Certain forms of disgraceful conduct.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or 

(b) malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure 

or aggravates his disease or infirmity; or 

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to 

himself or that person,  

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to seven years or such less punishment as is in this Act mentioned. 

24.  Ill-treating  a  subordinate.—Any  officer,  Assistant  Commander  or  Ranger  Grade  I,  who  uses 
criminal force to, or otherwise ill-treats, any person subject to this Act, being his subordinate in rank or 
position,  shall,  on  conviction  by  a  Security  Guard  Court,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to seven years or such less punishment as is in this Act mentioned. 

25.  Drunkenness.—(1)  Any  person  subject  to  this  Act,  who  is  found  in  a  state  of  drunkenness, 
whether on duty or not, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment 
for a term which may extend to six months or such less punishment as is in this Act mentioned. 

(2) For the purposes of sub-section (1), a person shall be deemed to be in a state of drunkenness if, 
owing to the influence of alcohol or any drug whether alone or in combination with any other substance, 
he  is  unfit  to  be  entrusted  with  his  duty  or  with  any  duty  which  he  may  be  called  upon  to  perform  or 
behaves in a disorderly manner or in a manner likely to bring discredit to the Security Guard. 

26. Permitting escape of person in custody.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a)  when  in  command  of  a  guard,  picket,  patrol,  detachment  or  post,  releases  without  proper 
authority,  whether  wilfully  or  without  reasonable  excuse,  any  person  committed  to  his  charge,  or 
refuses to receive any prisoner or person so committed; or 

(b) wilfully or without reasonable excuse allows to escape any person who is committed to his 

charge, or whom it is his duty to keep or guard, 

shall, on conviction by a Security Guard Court, be liable, if he has acted wilfully, to suffer imprisonment 
for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he 
has  not  acted  wilfully,  to  suffer  imprisonment  for  a  term  which  may  extend  to  two  years  or  such  less 
punishment as is in this Act mentioned. 

11 

 
27. Irregularity in connection with arrest or confinement.—Any person subject to this Act who 

commits any of the following offences, that is to say,— 

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails 

to bring his case before the proper authority for investigation; or 

(b)  having  committed  a  person  to  Security  Guard  custody  fails  without  reasonable  cause  to 
deliver  at  the  time  of  such  committal,  or  as  soon  as practicable,  and  in  any  case  within  forty-eight 
hours thereafter, to the officer or other person into whose custody the person arrested is committed, 
an  account  in  writing  signed  by  himself  of  the  offence  with  which  the  person  so  committed  is 
charged, 

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to one year or such less punishment as is in this Act mentioned. 

28. Escape from custody.—Any person subject to this Act who, being in lawful custody, escapes or 
attempts to escape, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a 
term which may extend to three years or such less punishment as is in this Act mentioned. 

29.  Offences  in  respect  of  property.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) commits theft of any property belonging to the Government, or to any Security Guard mess, 

band or institution, or to any person subject to this Act; or 

(b) dishonestly misappropriates or converts to his own use any such property; or 

(c) commits criminal breach of trust in respect of any such property: or 

(d) dishonestly receives or retains any such property in respect of which any of the offences under 
clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of 
such offence; or 

(e) wilfully destroys or injures any property of the Government entrusted to him; or 

(f)  does  any  other  thing  with  intent  to  defraud,  or  to  cause  wrongful  gain  to  one  person  or 

wrongful loss to another person, 

shall, on conviction by a Security  Guard Court, be liable to suffer imprisonment for a term which may 
extend to ten years or such less punishment as is in this Act mentioned. 

30.  Extortion  and  exaction.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) commits extortion; or 

(b) without proper authority exacts from any person money, provisions or service, 

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to ten years or such less punishment as is in this Act mentioned. 

31.  Making  away  with  equipment.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, 
instruments, tools, clothing or any other thing being the property of the Government issued to him for 
his use or entrusted to him; or 

(b) loses by neglect anything mentioned in clause (a); or 

(c) sells, pawns, destroys or defaces any medal or decoration granted to him, 

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend,  in the  case  of the offences  specified  in clause  (a),  to  ten  years,  and  in the  case  of the  offences 
specified  in  the  other  clauses,  to  five  years,  or  in  either  case  such  less  punishment  as  is  in  this  Act 
mentioned. 

12 

 
32. Injury to property.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a)  destroys  or  injures  any  property  mentioned  in  clause  (a)  of  section  31,  or  any  property 

belonging to any Security Guard mess, band or institution, or to any person subject to this Act; or 

(b) commits any act which causes damage to, or destruction of, any property of the Government 

by fire or in any other manner whatever; or 

(c) kills, injures, makes away with, ill-treats or losses, any animal entrusted to him, 

shall, on conviction by a Security Guard Court, be liable, if he has acted wilfully, to suffer imprisonment 
for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he 
has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or 
such less punishment as is in this Act mentioned. 

33. False accusations.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a) makes a false accusation against any person subject to this Act, knowing or having reason to 

believe such accusation to be false; or 

(b) in making a complaint against any person subject to this Act makes any statement affecting 
the  character  of  such  person,  knowing  or  having  reason  to  believe  such  statement  to  be  false,  or 
knowingly and wilfully suppresses any material fact, 

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to three years or such less punishment as is in this Act mentioned. 

34.  Falsifying  official  documents  and  false  declarations.—Any  person  subject  to  this  Act  who 

commits any of the following offences, that is to say,— 

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the 
contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making 
of, any false or fraudulent statement; or 

(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to 

the making of, any omission, with intent to defraud; or 

(c)  knowingly  and  with  intent  to  injure  any  person,  or  knowingly  and  with  intent  to  defraud, 
suppresses,  defaces,  alters  or  makes  away  with  any  document  which  it  is  his  duty  to  preserve  or 
produce; or 

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a 

false declaration; or 

(e)  obtains  for  himself,  or  for  any  other  person,  any  pension,  allowance  or  other  advantage  or 
privilege by a statement which is false, and which he either knows or believes to be false or does not 
believe  to  be  true,  or  by  making  or  using  a  false  entry  in  any  book  or  record,  or  by  making  any 
document containing a false statement, or by omitting to make a true entry or document containing a 
true statement, 

shall, on conviction by a Security Guard  Court, be liable to suffer imprisonment for a term which may 
extend to ten years or such less punishment as is in this Act mentioned. 

35.  False  declaration  on  appointment.—Any  person  having  become  subject  to  this  Act  who  is 
discovered to have made at the time of appointment a wilfully false statement or declaration in connection 
with his appointment, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for 
a term which may extend to three years or such less punishment as is in this Act mentioned. 

13 

 
36. Offences relating to Security Guard Courts.—Any person subject to this Act who commits any 

of the following offences, that is to say,— 

(a)  being  duly  summoned  or  ordered  to  attend  as  a  witness  before  a  Security  Guard  Court, 

wilfully or without reasonable excuse, makes default in attending; or 

(b) refuses to take an oath or make an affirmation legally required by a Security Guard Court to 

be taken or made; or 

(c)  refuses  to  produce  or  deliver  any  document  in  his  power  or  control  legally  required  by  a 

Security Guard Court to be produced or delivered by him; or 

(d) refuses, when a witness, to answer any question which he is by law bound to answer; or 

(e) is guilty of contempt of the Security Guard Court by using insulting or threatening language, 

or by causing any interruption or disturbance in the proceedings of such court, 

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to three years or such less punishment as is in this Act mentioned. 

37. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before 
any  Security  Guard  Court,  or  before  any  officer  competent  under  this  Act  to  administer  oath  or 
affirmation or before a Court of inquiry constituted under this Act, makes any statement which is false, 
and which he either knows or believes to be false or does not believe to be true, shall, on conviction by a 
Security  Guard  Court, be liable to  suffer imprisonment  for a  term  which  may  extend  to seven  years  or 
such less punishment as is in this Act mentioned. 

38. Unlawful detention of pay.—Any officer, Assistant Commander or Ranger Grade I who, having 
received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, 
shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to five years or such less punishment as is in this Act mentioned. 

39.  Unbecoming  conduct.—Any  officer  or  Assistant  Commander  who  behaves  in  a  manner 
unbecoming of his position and the character expected of him  shall, on conviction by a Security Guard 
Court, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned. 

40. Violation of good order and discipline.—Any person subject to this Act who is guilty of any act 
or  omission  which,  though  not  specified  in  this  Act,  is  prejudicial  to  good  order  and  discipline  of  the 
Security Guard shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term 
which may extend to seven years or such less punishment as is in this Act mentioned. 

41.  Miscellaneous  offences.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) being in command of any detachment or post or on the march, and receiving a complaint that 
any  one  under  his  command  has  beaten  or  otherwise  maltreated  or  oppressed  any  person,  or  has 
caused disturbance at any public place, or committed any riot or trespass, fails to have due reparation 
made to the injured person or to report the case to the proper authority; or 

(b) by defiling any place of worship, or otherwise intentionally insults the religion, or wounds the 

religious feelings of any person; or 

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such 

offence; or 

(d)  being  below  the  rank  of  an  Assistant  Commander,  when  off  duty,  appears  without  proper 
authority, in or about camp, or in or about, or when going to, or returning from, any town, carrying a 
rifle, sword or other offensive weapon; or 

(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself 
or for any other person, any gratification as a motive or reward for procuring the appointment of any 
person,  or leave  of  absence,  promotion  or any  other advantage  or indulgence for  any  person in  the 
service; or 

14 

 
(f)  commits  any  offence  against  the  property  or  person  of  any  inhabitant  of,  or  resident  in,  the 

country in which he is serving, 

shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may 
extend to seven years or such less punishment as is in this Act mentioned. 

42. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified 
in  sections  15  to  41  (both  inclusive)  and  in  such  attempt  does  any  act  towards  the  commission  of  the 
offence shall, on conviction by a Security Guard Court, where no express provision is made by this Act 
for the punishment of such attempt, be liable,— 

(a) if the offence attempted to be committed is punishable with death, to suffer imprisonment for 

a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

(b)  if  the  offence  attempted  to  be  committed  is  punishable  with  imprisonment,  to  suffer 
imprisonment for a term which may extend to one-half of the longest term provided for that offence 
or such less punishment as is in this Act mentioned. 

43. Abetment of offences that have been committed.—Any person subject to this Act who abets 
the commission of any of the offences specified in sections 15 to 41 (both inclusive) shall, on conviction 
by a Security Guard Court, if the act abetted is committed in consequence of the abetment and no express 
provision  is  made  by  this  Act  for  the  punishment  of  such  abetment,  be  liable  to  suffer  the  punishment 
provided for that offence or such less punishment as is in this Act mentioned. 

44.  Abetment  of  offences  that  have  not  been  committed.—(1)  Any  person  subject  to  this  Act    
who  abets  the  commission  of  any  of  the  offences  punishable  with  death  under  sections  15,  17  and        
sub-section  (1)  of  section  18  shall,  on  conviction  by  a  Security  Guard  Court,  if  that  offence  be  not 
committed  in  consequence  of  the  abetment,  and  no  express  provision  is  made  by  this  Act  for  the 
punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen 
years or such less punishment as is in this Act mentioned. 

(2)  Any  person  subject  to  this  Act  who  abets  the  commission  of  any  of  the  offences  specified  in 
sections 15 to 41 (both inclusive) and punishable with imprisonment shall, on conviction by a Security 
Guard Court, if that offence be not committed in consequence of the abetment, and no express provision 
is  made  by  this  Act  for  the  punishment  of  such  abetment,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to one-half of the longest term provided for that offence or such less punishment as is 
in this Act mentioned. 

45. Civil offences.—Subject to the provisions of section 46, any person subject to this Act who at any 
place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against 
this Act and, if charged therewith under this section shall be liable to be tried by a Security Guard Court 
and, on conviction, be punishable as follows, that is to say,— 

(a) if the offence is one which would be punishable under any law in force in India with death, he 
shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less 
punishment as is in this Act mentioned; and 

(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the 
law  in  force  in  India,  or  imprisonment  for  a  term  which  may  extend  to  seven  years,  or  such  less 
punishment as is in this Act mentioned. 

46.  Civil  offences  not  triable  by  a  Security  Guard  Court.—A  person  subject  to  this  Act  who 
commits  an  offence  of  murder  or  of  culpable  homicide  not  amounting  to  murder  against,  or  of  rape  in 
relation to, a person not subject to this Act shall not be deemed to be guilty of an offence under this Act 
and shall not be tried by a Security Guard Court, unless he commits any of the said offences,— 

(a) while on active duty; or 

(b) at any place outside India. 

15 

 
CHAPTER IV 

PUNISHMENTS 

47.  Punishments  awardable  by  Security  Guard  Courts.—(1)  Punishments  may  be  inflicted  in 
respect  of  offences  committed  by  persons  subject  to  this  Act  and  convicted  by  Security  Guard  Courts 
according to the scale following, that is to say,— 

(a) death; 

(b)  imprisonment  which  may  be  for  the  term  of  life  or  any  other  lesser  term  but  excluding 

imprisonment for a term not exceeding three months in Security Guard custody; 

(c) dismissal from the service; 

(d) imprisonment for a term not exceeding three months in Security Guard custody; 

(e) reduction to the ranks or to a lower rank or grade in the case of a Ranger Grade I; 

(f) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of 

promotion where promotion depends upon length of service; 

(g) forfeiture of service for the purpose of increment or pension or other prescribed purpose; 

(h)  severe  reprimand  or  reprimand  except  in  the  case  of  persons  below  the  rank  of  Ranger    

Grade I; 

(i) forfeiture in the case of a person sentenced to dismissal from the service of all arrears of pay 

and allowances and other public money due to him at the time of such dismissal; 

(j) deduction from pay and allowances to make good any proved loss or damage occasioned by 

the offence for which he is convicted. 

(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to 

every punishment preceding it in the above scale. 

48. Alternative punishments awardable by Security Guard Courts.—Subject to the provisions of 
this Act, a Security Guard Court may, on convicting a person subject to this Act of any of the offences 
specified  in  sections  15  to  44  (both  inclusive)  award  either  the  particular  punishment  with  which  the 
offence is stated in the said sections to be punishable or, in lieu, thereof, any of the punishments lower in 
the scale set out in section 47 regard being had to the nature and degree of the offence. 

49. Combination of punishments.—A sentence of a Security Guard Court may award in addition to, 
or  without  any  one  other  punishment,  the  punishment  specified  in  clause  (c)  of  sub-section  (1)  of    
section 47 and any one or more of the punishments specified in clauses (e) to (j) (both inclusive) of that 
sub-section. 

50. Punishments otherwise than by Security Guard Courts.—Punishments may also be inflicted 
in  respect  of  offences  committed  by  persons  subject  to  this  Act  without  the  intervention  of  a  Security 
Guard Court in the manner stated in sections 51 and 53. 

51. Minor punishments.—(1) Subject to the provisions of section 52, a Commander of and above 
the rank of a Group Commander may, in the prescribed manner proceed against a person subject to this 
Act other than an officer or an Assistant Commander, who is charged with an offence under this Act and 
award such person, to the extent prescribed, one or more of the following punishments, that is to say,— 

(a) imprisonment in Security Guard custody up to twenty-eight days; 

(b) detention up to twenty-eight days; 

(c) confinement to the lines up to twenty-eight days; 

(d) extra guards or duties; 

(e) deprivation of any acting rank provided such rank has not been held by him for more than two 

years; 

16 

 
(f) severe reprimand or reprimand; 

(g)  deductions  from  his  pay  and  allowances  of  any  sum  required  to  make  good  any  loss  or 

damage occasioned by the offence for which he is punished. 

(2) If a group is being temporarily commanded by an officer of the rank of a Squadron Commander or 

a Team Commander, such officer shall have full powers of a Commander as specified in sub-section (1). 

(3)  Subject  to  the  provisions  of  section  52,  a  Squadron  Commander  or  a  Team  Commander 
commanding a squadron or a team or any detachment shall have the power to proceed against a person 
subject  to  this  Act,  other  than  an  officer  or  an  Assistant  Commander,  who  is  charged  with  an  offence 
under this Act and award such person to the extent prescribed, one or more of the punishments specified 
in clauses (a) to (d) and (g) of sub-section (1) provided that the maximum limit of punishment awarded 
under each of the clauses (a), (b) and (c) shall not exceed fourteen days. 

52.  Limit  of  punishments  under  section  51.—(1)  In  the  case  of  an  award  of  two  or  more  of  the 
punishments  specified  in  clauses  (a),  (b),  (c)  and  (d)  of  sub-section  (1)  of  section  51,  the  punishments 
specified in clause (c) or clause (d) shall take effect only at the end of the punishment specified in clause 
(a) or clause (b). 

(2) When two or more of the punishments specified in the said clauses (a), (b) and (c) are awarded to 
a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of 
the punishments shall not exceed in the aggregate fifty-six days. 

(3) The punishments specified in the said clauses (a), (b) and (c) shall not be awarded to any person 
who  is  of  the  rank  of  Ranger  Grade  I  or  was,  at  the  time  of  committing  the  offence  for  which  he  is 
punished, or such rank. 

(4) The punishments specified in clause  (f) of sub-section (1) of section 51 shall not be awarded to 

any person below the rank of Ranger Grade I. 

53. Punishment of officers of or below the rank of Squadron Commanders by officers not below 
the  rank  of  Inspectors-General.—An  officer  not  below  the  rank  of  an  Inspector-General  may,  in  the 
prescribed  manner,  proceed  against  an  officer  of  or below the rank  of  a  Squadron  Commander,  who  is 
charged with an offence under this Act, and award one or more of the following punishments, that is to 
say,— 

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of 
service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but 
subject to  the  right  of  the  accused  previous  to  the  award  to  elect  to  be  tried  by  a  General  Security 
Guard Court; 

(b) severe reprimand or reprimand; 

(c)  deduction  from  pay  and  allowances  of  any  sum  required  to  make  good  any  proved  loss  or 

damage occasioned by the offence of which he is convicted. 

54. Punishment of persons of the rank of Assistant Commander.—(1) An officer not below the 
rank of a Deputy Inspector-General may, in the prescribed manner, proceed against a person of the rank 
of an Assistant Commander who is charged with an offence under this Act and award one or more of the 
following punishments, that is to say,— 

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length 
of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but 
subject to  the  right  of  the  accused  previous  to  the  award  to  elect  to  be  tried  by  a  General  Security 
Guard Court; 

(b) severe reprimand or reprimand; 

(c)  deduction  from  pay  and  allowances  of  any  sum  required  to  make  good  any  proved  loss  or 

damage occasioned by the offence of which he is convicted. 

17 

 
(2) An officer of the rank of a Group Commander may, in the prescribed manner, proceed against a 
person of the rank of an Assistant Commander who is charged with an offence under this Act and award 
any one or both of the following punishments, that is to say,— 

(a) severe reprimand or reprimand; 

(b)  deduction  from  pay  and  allowances  of  any  sum  required  to  make  good  any  proved  loss  or 

damage occasioned by the offence of which he is convicted. 

CHAPTER V 

ARREST AND PROCEEDINGS BEFORE TRIAL 

55. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may 

be taken into Security Guard custody, under the order of any superior officer. 

(2) Notwithstanding anything contained in sub-section (1), an officer may order into Security Guard 
custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray 
or disorder. 

56. Duty of Commander in regard to detention.—(1) It shall be the duty of every Commander to 
take care that a person under his command when charged with an offence is not detained in custody for 
more than forty-eight hours after the committal of such person into custody is reported to him, without the 
charge being investigated, unless investigation within that period seems to him to be impracticable having 
regard to the public service. 

(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the 

reasons therefor, shall be reported by the Commander to the next higher authority. 

(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public 

holidays shall be excluded. 

(4) Subject to the provisions of this Act, the Central Government may make rules providing for the 
manner in which and the period for which any person subject to this Act may be taken into and detained 
in  Security  Guard  custody,  pending  the  trial  by  any  competent  authority  for  any  offence  committed  by 
him. 

57. Interval between committal and trial.—In every case where any such person as is mentioned in 
section  55  and  as  is  not  on  active  duty,  remains  in  such  custody  for  a  longer  period  than  eight  days 
without a Security Guard Court for his trial being convened, a special report giving reasons for the delay 
shall be made by his Commander and a similar report shall be forwarded at intervals of every eight days 
until a Security Guard Court is convened or such person is released from custody. 

58.  Arrest  by  civil  authorities.—Whenever  any  person  subject  to  this  Act,  who  is  accused  of  an 
offence under this Act, is within the jurisdiction of any Magistrate or  police officer, such Magistrate or 
police officer shall aid in the apprehension and delivery to Security Guard custody of such persons upon 
receipt  of  a  written  application  to  that effect  signed by  his  Commander  or  an  officer  authorised  by  the 
Commander in that behalf. 

59. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Commander of 
the  unit  to  which  he  belongs,  shall  give  information  of  the  desertion  to  such  civil  authorities  as, in  his 
opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall 
thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for 
whose  apprehension  a  warrant  had  been  issued  by  a  Magistrate,  and  shall  deliver  the  deserter,  when 
apprehended, into Security Guard custody. 

(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this 
Act, and to be a deserter and shall bring him without delay before the nearest Magistrate, to be dealt with 
according to law. 

18 

 
60. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent 
from  duty  without  due  authority  for  a  period  of  thirty  days,  a  Court  of  inquiry  shall,  as  soon  as 
practicable, be appointed by an officer not below the rank of a Group Commander under whose command 
he is for the time being serving and such Court shall, on oath or affirmation administered in the prescribed 
manner,  inquire respecting  the  absence  of  the  person,  and  the  deficiency,  if  any,  in  the  property  of  the 
Government  entrusted  to  his  care,  or  in  any  arms,  ammunition,  equipment,  instruments,  clothing  or 
necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the 
Court shall declare such absence and the period thereof and the said deficiency, if any, and transmit the 
proceedings of the Court of inquiry to the officer who appointed the court of inquiry, for further action. 

(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the 

purposes of this Act, be deemed to be a deserter. 

CHAPTER VI 

SECURITY GUARD COURTS 

61.  Kinds  of  Security  Guard  Courts.—For  the  purposes  of  this  Act  there  shall  be  three  kinds  of 

Security Guard Courts, that is to say,— 

(a) General Security Guard Courts; 

(b) Petty Security Guard Courts; and 

(c) Summary Security Guard Courts. 

62. Power to convene General Security Guard Court.—A General Security Guard Court may be 
convened by the Central Government or the Director-General or by any officer empowered in this behalf 
by warrant of the Director-General. 

63.  Power  to  convene  a  Petty  Security  Guard  Court.—A  Petty  Security  Guard  Court  may  be 
convened  by  an  officer  having  power  to  convene  a  General  Security  Guard  Court  or  by  an  officer 
empowered in this behalf by warrant of any such officer. 

64. Contents of warrants issued under sections 62 and 63.—A warrant, issued under section 62 or 

section 63 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. 

65. Composition of General Security Guard Court.—A General Security Guard Court shall consist 

of not less than five officers. 

66. Composition of a Petty Security Guard Court.—A Petty Security Guard Court shall consist of 

not less than three officers. 

67. Summary Security Guard Court.—(1) A Summary Security Guard Court may be held by the 

Commander of any unit of the Security Guard and he alone shall constitute the Court. 

(2)  The  proceedings  shall  be  attended  throughout  by  two  other  persons  who  shall  be  officers  or 

Assistant Commanders or one of either, and who shall not as such, be sworn or affirmed: 

Provided that the persons attending the Court for the trial of an officer shall not be of a rank lower 
than  the  rank  of  that  officer  unless  in  the  opinion  of  the  convening  officer  recorded  in  the  convening 
order, officers of such rank are not, having due regard to the exigencies of public service, available. 

68. Dissolution of a Security Guard Court.—(1) If a Security Guard Court after the commencement 

of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved. 

(2) If, on account of the illness of the concerned Judge Attorney or, as the case may be, Deputy Judge 
Attorney-General  or  Additional  Judge  Attorney-General  or  of  the  accused  before  the  finding,  it  is 
impossible to continue the trial, a Security Guard Court shall be dissolved. 

(3) The authority or officer who convened a Security Guard Court may dissolve the same if it appears 
to  it  or  him  that  the  exigencies  of  the  service  or  necessities  of  discipline  render  it  impossible  or 
inexpedient to continue the said Security Guard Court. 

(4) Where a Security Guard Court is dissolved under this section, the accused may be tried again. 

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69. Powers of a General Security Guard Court.—A General Security Guard Court shall have the 
power  to  try  any  person  subject  to  this  Act  for  any  offence  punishable  thereunder  and  to  pass  any 
sentence authorised thereby. 

70. Powers of a Petty Security Guard Court.—A Petty Security Guard Court shall have the power 
to  try  any  person  subject  to  this  Act  other  than  an  officer  or  an  Assistant  Commander  for  any  offence 
made  punishable  thereunder  and  to  pass  any  sentence  authorised  by  this  Act  other  than  a  sentence  of 
death, or imprisonment for a term exceeding two years. 

71. Powers of a Summary Security Guard Court.—(1) Subject to the provisions of sub-section (2), 

a Summary Security Guard Court may try any offence punishable under this Act. 

(2)  When  there  is  no  grave  reason  for  immediate  action  a  reference  can,  without  detriment  to 
discipline, be made to the officer empowered to convene a Petty Security Force Court for the trial of the 
alleged offender, an officer holding a Summary Security Guard Court shall not try without such reference 
any offence punishable under any of the sections 15, 17 and 45, or any offence against the officer holding 
the Court. 

(3) A Summary Security Guard Court may try any person subject to this Act and under the command 

of the officer holding the Court, except an officer, or an Assistant Commander. 

(4) A Summary Security Guard Court may pass any sentence which may be passed under this Act, 

except  the  sentence  of  death  or  of  imprisonment  for  a  term  exceeding  the  limit  specified  in                    
sub-section (5). 

(5) The limit referred to in sub-section (4) shall be,— 

(a) one year, if the officer holding the Security Guard Court holds the rank not below that of a 

Group Commander; 

(b) three months, in any other case. 

72.  Prohibition  of  second  trial.—(1)  When  any  person  subject  to  this  Act  has  been  acquitted  or 
convicted of an offence by a Security Guard Court or by a Criminal Court or has been dealt with under 
section 51 or section 53 or section 54, he shall not be liable to be tried again for the same offence by a 
Security Guard Court or dealt with under the said sections. 

(2) When any person subject to this Act, has been acquitted or convicted of an offence by a Security 
Guard Court or has been dealt with under section 51 or section 53 or section 54, he shall not be liable to 
be tried again by a Criminal Court for the same offence or on the same facts. 

73. Period of limitation for trial.—(1) Except as provided by sub-section (2), no trial by a Security 
Guard Court of any person subject to this Act for any offence shall be commenced after the expiration of 
a period of three years from the date of such offence. 

(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of 

the offences mentioned in section 17. 

(3)  In  the  computation  of  the  period  of  time  mentioned  in  sub-section  (1),  any  time  spent  by  such 

person in evading arrest after the commission of the offence, shall be excluded, 

74. Trial, etc., of offender who ceases to be subject to this Act.—(1) Where an offence under this 
Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he 
may be taken into and kept in Security Guard custody and tried and punished for such offence as if he 
continued to be so subject. 

(2) No such person shall be tried for an offence, unless his trial commences within six months after he 

had ceased to be subject to this Act; 

Provided that nothing contained in this sub-section shall apply to the trial of any such person for an 
offence of desertion or for any of the offences mentioned in section 17 or shall affect the jurisdiction of a 
criminal court to try any offence triable by such Court as well as by a Security Guard Court. 

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75.  Application  of  Act  during  term  of  sentence.—(1)  When  a  person  subject  to  this  Act  is 
sentenced by a Security Guard Court to imprisonment, this Act shall apply to him during the term of his 
sentence, though he is dismissed from the Security Guard, or has otherwise ceased to be subject to this 
Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. 

(2) When a person subject to this Act is sentenced by a Security Guard Court to death, this Act shall 

apply to him till the sentence is carried out. 

76. Place of trial.—Any person subject to this Act who commits any offence against it may be tried 

and punished for such offence in any place whatever. 

77. Choice between Criminal Court and Security Guard Court.—When a Criminal Court and a 
Security Guard Court have each jurisdiction in respect of an offence, it shall be in the discretion of the 
Director-General, or the Inspector-General or the Deputy Inspector-General, within whose command the 
accused person is serving or such other officer as may be prescribed, to decide before which Court the 
proceedings shall be instituted, and, if that officer decides that they shall be instituted before a Security 
Guard Court, to direct that the accused person shall be detained in Security Guard custody. 

78. Power of criminal court to require delivery of offender.—(1) When a Criminal Court having 
jurisdiction  is  of  the  opinion  that  proceedings  shall  be  instituted  before  itself  in  respect  of  any  alleged 
offence,  it  may,  by  written  notice,  require  the  officer  referred  to  in  section  77  at  his  option,  either  to 
deliver  over  the  offender  to  the  nearest  Magistrate  to  be  proceeded  against  according  to  law,  or  to 
postpone proceedings, pending a reference to the Central Government. 

(2) In every such case, the said officer shall either deliver over the offender in compliance with the 
requisition, or shall forthwith refer the question as to the Court before which the proceedings are to be 
instituted,  for  the  determination  of  the  Central  Government  whose  order  upon  such  reference  shall  be 
final. 

CHAPTER VII 

PROCEDURE OF SECURITY GUARD COURTS 

79. Presiding officer.—At every General Security Guard Court or Petty Security Guard Court, the 

senior member shall be the presiding officer. 

80.  Judge  Attorneys,  etc.—Every  General  Security  Guard  Court  shall,  and  every  Petty  Security 
Guard Court may, be attended by a Judge Attorney or a Deputy Judge Attorney-General or an Additional 
Judge  Attorney-General,  or,  if  no  such  officer  is  available,  an  officer  approved  by  the  Judge         
Attorney-General or by any officer authorised in this behalf by the Judge Attorney-General. 

81.  Challenges.—(1)  At  all  trials  by  a  General  Security  Guard  Court  or  by  a  Petty  Security  Guard 
Court, as soon as the Court is assembled, the names of the presiding officer and members shall be read 
over to the accused, who shall thereupon be asked whether he objects to being tried by any officer, sitting 
on the Court. 

(2)  If  the  accused  objects  to  such  officer,  his  objection  and  also  the  reply  thereto  of  the  officer 
objected to shall be heard and recorded, and the remaining officers of the Court shall, in the absence of 
the challenged officer, decide on the objection. 

(3)  If  the  objection  is  allowed  by  one  half or  more of  the  votes  of the  officers  entitled to  vote,  the 
objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the 
prescribed manner, by another officer subject to the same right of the accused to object. 

(4) When no challenge is made, or when a challenge has been made and disallowed, or the place of 
every officer successfully challenged has been filled by another officer to whom no objection is made or 
allowed, the Court shall proceed with the trial. 

82. Oaths of members, Judge Attorney and witness.—(1) An oath or affirmation in the prescribed 
manner shall be administered to every member of every Security Guard Court and to the Judge Attorney, 
or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or 
the officer approved under section 80, before the commencement of the trial. 

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(2) Every person giving evidence before a Security Guard Court shall be examined after being duly 

sworn or affirmed in the prescribed form. 

(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years 
of  age  and  the  Security  Guard  Court  is  of  the  opinion  that  though  the  witness  understands  the  duty  of 
speaking the truth, he does not understand the nature of an oath or affirmation. 

83. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision of 
a Security Guard Court shall be passed by an absolute majority of votes; and where there is an equality of 
votes on either the finding or the sentence, the decision shall be in favour of the accused. 

(2) No sentence of death shall be passed by a General Security Guard Court without the concurrence 

of at least two-thirds of the members of the Court. 

(3)  In  matters,  other  than  a  challenge  or  the  finding  or  sentence,  the  presiding  officer  shall  have  a 

casting vote. 

84. General rule as to evidence.—The Indian Evidence Act, 1872, (1 of 1872) shall, subject to the 

provisions of this Act, apply to all proceedings before a Security Guard Court. 

85.  Judicial  notice.—A  Security  Guard  Court  may  take  judicial  notice  of  any  matter  within  the 

general knowledge of the members as officers of the Security Guard. 

86.  Summoning  witnesses.—(1)  The  convening  officer,  the  presiding  officer  of  a  Security  Guard 
Court, the Judge Attorney or, as the case may be, the Deputy Judge Attorney-General or the Additional 
Judge  Attorney-General  or  the  officer  approved  under  section  80  or  the  Commander  of  the  accused 
person may, by summons under his hand, require the attendance, at a time and place to be mentioned in 
the summons, of any person either to give evidence or to produce any document or other thing. 

(2) In the case of a witness who is subject to this Act, the summons shall be sent to his Commander 

and such officer shall serve it upon him accordingly. 

(3)  In  the  case  of  any  other  witness,  the  summons  shall  be  sent  to  the  Magistrate  within  whose 
jurisdiction he may be, or resides, and such Magistrate shall give effect to the summons as if the witness 
was required in the Court of such a Magistrate. 

(4) When a witness is required to produce any particular document or other thing in his possession or 

power, the summons shall describe it with reasonable precision. 

87.  Documents  exempted from  production.—(1)  Nothing  in  section  86 shall be  deemed  to  effect 
the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) or to apply to any 
letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. 

(2)  If  any  document  in  such  custody  is,  in  the  opinion  of  any  District  Magistrate,  Chief  Judicial 
Magistrate, Court of Session on High Court wanted for the purpose of any Security Guard Court, such 
Magistrate or Court may require the postal or telegraph authorities, as the case may be, to deliver such 
document to such person as such Magistrate or Court may direct. 

(3) If any such document is, in the opinion of any other Magistrate or of any Commissioner of Police 
or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph 
authorities, as the case may be, to cause such search to be made for, and to detain such document pending 
the order of any such District Magistrate, Chief Judicial Magistrate, Court of Session or High Court. 

88.  Commissions  for  examination  of  witnesses.—(1)  Whenever,  in  the  course  of  a  trial  by  a 
Security Guard Court, it appears to the Court that the examination of a witness is necessary for the ends 
of  justice,  and  that  the  attendance  of  such  witness  cannot  be  procured  without  an  amount  of  delay, 
expense  or  inconvenience  which,  in  the  circumstances  of  the  case,  would  be  unreasonable,  such  Court 
may address the Judge Attorney-General in order that a commission to take the evidence of such witness 
may be issued. 

(2)  The  Judge  Attorney-General  may  then  if  he  thinks  necessary,  issue  a  commission  to  any  Chief 
Judicial  Magistrate  or  Magistrate  of  the  first  class,  within  the  local  limits  of  whose  jurisdiction  such 
witness resides, to take the evidence of such witness. 

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(3)  The  Magistrate  or  officer  to  whom  the  commission  is  issued,  or,  if  he  is  the  Chief  Judicial 
Magistrate, he or such Magistrate of the first class as he appoints in this behalf, shall proceed to the place 
where  the  witness  is,  or  shall  summon  the  witness  before  him  and  shall  take  down  his  evidence in  the 
same manner, and may for this purpose exercise the same powers, as in the trials of warrant-cases under 
the Code of Criminal Procedure, 1973 (2 of 1974). 

(4) When the witness resides in a tribal area or in any place outside India, the commission may be 

issued in the manner specified in Chapter XXIII-B of the Code of Criminal Procedure, 1973 (2 of 1974). 

89. Examination of witness on commission.—(1) The prosecutor and accused person in any case in 
which a commission is issued under section 88 may  respectively forward any interrogatories in writing 
which the Court may think relevant to the issue, and the Magistrate or officer executing the commission 
shall examine the witness upon such interrogatories. 

(2) The prosecutor and the accused person may appear before such Magistrate or officer by counsel, 
or, except in the case of an accused person in custody, in person, and may examine, cross-examine and  
re-examine, as the case may be, the said witness. 

(3) After a commission issued under section 88 has been duly executed, it shall be returned, together 

with the deposition of the witness examined thereunder, to the Judge, Attorney-General. 

(4)  On  receipt  of  a  commission,  and  deposition  returned  under  sub-section  (3),  the  Judge       

Attorney-General shall forward the same to the Court at whose instance the commission was issued or, if 
such Court has been dissolved, to any other Court conveaned for the trial of the accused person; and the 
commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the 
accused  person,  and  may,  subject  to  all  just  exceptions,  be  read  in  evidence  in  the  case  by  either  the 
prosecutor or the accused and shall form part of the proceedings of the Court. 

(5) In every case in which a commission is issued under section 88, the trial may be adjourned for 

specified time reasonably sufficient for the execution and return of the commission. 

90. Conviction of offence not charged.—A person charged before a Security Guard Court,— 

(a) with desertion may be found guilty of attempting to desert or of being absent without leave; 

(b) with attempting to desert may be found guilty of being absent without leave; 

(c) with using criminal force may be found guilty of assault; 

(d) with using threatening language may be found guilty of using insubordinate language; 

(e)  with  any  one  of the  offences  specified  in  clauses  (a),  (b),  (c)  and (d)  of  section  29  may  be 

found guilty of any other of these offences with which he might have been charged; 

(f)  with  an  offence  punishable  under  section  45  may  be  found  guilty  of  any  other                

offence  of  which  he  might  have  been  found  guilty,  if  the  provisions  of  the  Code  of  Criminal    
Procedure, 1973 (2 of 1974), were applicable; 

(g) with any offence under this Act may, on failure of proof of an offence having been committed 
in circumstances involving a more severe punishment, be found guilty of the same offence as having 
been committed in circumstances involving a less severe punishment; 

(h)  with  any  offence  under  this  Act  may  be  found  guilty  of  having  attempted  or  abetted  the 

commission of that offence, although the attempt or abetment is not separately charged. 

91. Presumption  as  to  signatures.—In  any  proceeding  under this  Act, any  application,  certificate, 
warrant, reply or other document purporting to be signed by an officer in the service of the Government 
shall, on production, be presumed to have been duly signed by the person by whom and in the character in 
which it purports to have been signed, until the contrary is shown. 

92.  Appointment  paper.—(1)  Any  appointment  paper  purporting  to  be  signed  by  an  appointing 
authority  shall,  in  proceedings  under  this  Act,  be  evidence  of  the  person  appointed  having  given  the 
answers to questions which he is therein represented as having given. 

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(2) The appointment of such person may be proved by the production of the original or a copy of his 
appointment  paper  purporting  to  be  certified to  be a true copy  by  the  officer  having  the  custody  of the 
appointment paper. 

93.  Presumption  as  to  certain  documents.—(1)  A  letter,  return  or  other  document  respecting  the 
service of any person in, or the dismissal or discharge of any person from, any unit of the Security Guard, 
or  respecting  the  circumstances  of  any  person  not  having  served  in,  or  belonged  to,  any  unit  of  the 
Security  Guard,  if  purporting  to  be  signed  by  or  on  behalf  of  the  Central  Government  or  the         
Director-General, or by any other competent authority, shall be evidence of the facts stated in  such letter, 
return or other document. 

(2)  A  National  Security  Guard  List  or  Gazette  purporting  to  be  published  by  authority  shall  be 
evidence of the status and rank of the officers and Assistant Commanders therein mentioned, and of any 
appointment held by them and of the group, unit or branch of the Security Guard to which they belong. 

(3) Where a record is made in any unit book in pursuance of this Act or of any rules or otherwise in 
the discharge of official duties, and purports to be signed by the Commander or by the officer whose duty 
it is to make such record, such record shall be evidence of the facts therein stated. 

(4) A copy of any record in any unit book purporting to be certified to be a true copy by the officer 

having custody of such book shall be evidence of such record. 

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave, and such person has surrendered himself into the custody of any officer or other person subject to 
this  Act,  or  any  unit  of  the  Security  Guard,  or  has  been  apprehended  by  such  officer  or  person,  a 
certificate purporting to be signed by such officer, or by the Commander of the unit to which such person 
belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and 
the manner in which he was dressed, shall be evidence of the matters so stated. 

(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave and such person has surrendered himself into the custody of, or has been apprehended by, a police 
officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed 
by  such  police  officer  and  stating  the  fact,  date  and  place  of  such  surrender  or  apprehension  and  the 
manner in which he was dressed shall be evidence of the matters so stated. 

(7) (a) Any document purporting to be a report under the hand of a Government scientific expert to 
whom  this  sub-section  applies,  upon  any  matter  or  thing  duly  submitted  to  him  for  examination  or 
analysis  and  report  in  the  course  of  any  proceeding  under  this  Act,  may  be  used  as  evidence  in  any 
inquiry, trial or other proceeding under this Act. 

(b) The  Security  Guard  Court  may,  if  it  thinks  fit, summon  and  examine  any  such  expert  as to the 

subject matter of his report. 

(c)  Where  any  such  expert  is  summoned  by  a  Security  Guard  Court  and  he  is  unable  to  attend 
personally,  he  may,  unless  the  Court  has  expressly  directed  him  to  appear  personally  depute  any 
responsible person working with him to attend the Court if such officer is conversant with the facts of the 
case and can satisfactorily depose in the Court on his behalf. 

(d)  This  sub-section  applies  to  the  Government  scientific  experts,  for  the  time  being  specified  in    

sub-section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974). 

94.  Reference  by  accused  to  Government  officer.—(1)  If  at  any  trial  for  desertion  or  absence 
without leave, over-staying leave or not rejoining when warned for service, the accused person states in 
his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof 
to any officer in the service of the Government, or if it appears that any such officer is likely to prove or 
disprove  the  said  statement  in  the  defence,  the  Court  shall  address  such  officer  and  adjourn  the 
proceedings until his reply is received. 

(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and 

have the same effect as if made on oath before the Court. 

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(3) If the Court is dissolved before the receipt of such reply or if the Court omits to comply with the 
provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a 
fresh trial. 

95. Evidence of previous convictions and general character.—(1) When any person subject to this 
Act has been convicted by a Security Guard Court of any offence, such Security Guard Court may inquire 
into  and  receive  and  record  evidence  of  any  previous  convictions  of  such  person,  either  by  a  Security 
Guard Court or by a Criminal Court, or any previous award of punishment under section 51 or section 53 
or section 54 and may further inquire into and record the general character of such person and such other 
matters as may be prescribed. 

(2)  The  evidence  received  under  this  section  may  be  either  oral,  or  in  the  shape  of  entries  in,  or 
certified  extracts  from,  books  of  Security  Guard  Courts  or  other  official  records;  and  it  shall  not  be 
necessary  to  give  notice  before  trial  to  the  person  tried  that  evidence  as  to  his  previous  convictions  or 
character will be received. 

(3) At a Summary Security Guard Court, the officer holding the trial may, if he thinks fit, record any 
previous  convictions  against  the  offender,  his  general  character,  and  such  other  matters  as  may  be 
prescribed,  as  of  his  own  knowledge,  instead  of  requiring  them  to  be  proved  under  the  foregoing 
provisions of this section. 

96. Lunacy of accused.—(1) Whenever, in the course of a trial by a Security Guard Court, it appears 
to  the  Court  that  the  person  charged  is  by  reason  of  unsoundness  of  mind  incapable  of  making  his 
defence,  or  that  he  committed  the  act  alleged  but  was  by  reason  of  unsoundness  of  mind  incapable  of 
knowing the nature of the Act or knowing that it was wrong or contrary to Law, the Court shall record a 
finding accordingly. 

(2) The presiding officer of the Court, or, in the case of a Summary Security Guard Court, the officer 
holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered 
to deal with its finding under section 111, as the case may be. 

(3)  The  confirming  officer  to  whom  the  case  is  reported  under  sub-section  (2)  may,  if  he  does  not 
confirm the finding, take steps to have the accused person tried by the same or another Security Guard 
Court for the offence with which he was charged. 

(4)  The  authority  to  whom  the  finding  of  a  Summary  Security  Guard  Court  is  reported  under         

sub-section (2), and a confirming officer confirming the finding in any case so reported to him shall order 
the accused person to be kept in custody in the prescribed manner and shall report the case for the orders 
of the Central Government. 

(5)  On  receipt  of  a  report  under  sub-section  (4),  the  Central  Government  may  order  the  accused 

person to be detained in a lunatic asylum or other suitable place of safe custody. 

97. Subsequent fitness of lunatic accused for trial.—Where any accused person, having been found 
by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention 
under section 96, any officer prescribed in this behalf, may— 

(a) if such  person  is  in  custody  under  sub-section  (4)  of section  96,  on the  report  of  a  medical 

officer that he is capable of making his defence, or 

(b) if such person is detained in a jail under sub-section (5) of section 96, on a certificate of the 
Inspector-General  of  Prisons,  and  if  such  person  is  detained  in  a  lunatic  asylum  under  the  said       
sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in 
any other place under that sub-section, on a certificate of the prescribed authority, that he is capable 
of making his defence, 

take  steps  to  have  such  person tried  by  the  same  or  another  Security  Guard  Court for the  offence  with 
which he was originally charged or, if the offence is a civil offence, by a Criminal Court. 

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98.  Transmission  to  Central  Government  of  orders  under  section  97.—A  copy  of  every  order 
made  by  an  officer  under  section  97  for  the  trial  of  the  accused  shall  forthwith  be  sent  to  the  Central 
Government. 

99. Release of lunatic accused.—Where any person is in custody under sub-section (4) of section 96 

or under detention under sub-section (5) of that section,— 

(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, 

or 

(b)  if  such  person  is  detained  under  the  said  sub-section  (5),  on  a  certificate  from  any  of  the 
authorities mentioned in clause (b) of section 97 that in the judgment of such officer or authority such 
person may be released without danger of his doing injury to himself or to any other person, 

the Central Government may order that such person be released or detained in custody, or transferred to a 
public lunatic asylum if he has not already been sent to such an asylum. 

100. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in 
custody  under  sub-section  (4)  of  section  96  of  under  detention  under  sub-section  (5)  of  that  section 
desires  that  he  should  be  delivered  to  his  care  and  custody,  the  Central  Government  may,  upon 
application by such relative or friend and, on his giving security to the satisfaction of that Government 
that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to 
any other officer, and be produced for the inspection of such officer, and at such times and places, as the 
Central Government may direct, order such person to be delivered to such relative or friend. 

101.  Order  for  custody  and  disposal  of  property  pending  trial.—When  any  property  regarding 
which  any  offence  appears  to  have  been  committed,  or  which  appears  to  have  been  used  for  the 
commission of any offence, is produced before a Security Guard Court during a trial, the Court may make 
such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and 
if  the  property  is  subject  to  speedy  or  natural  decay  may,  after  recording  such  evidence  as  it  thinks 
necessary, order it to be sold or otherwise disposed of. 

102.  Order  for  disposal  of  property  regarding  which  offence  is  committed.—(1)  After  the 
conclusion of a trial before any Security Guard Court, the Court or the officer confirming the finding or 
sentence  of  such  Security  Guard  Court,  or  any  authority  superior  to  such  officer,  or  in  the  case  of  a 
Summary Security Guard Court whose finding or sentence does not require confirmation, an officer not 
below the rank of a Deputy Inspector-General within whose command the trial was held, may make such 
order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to 
be entitled to possession thereof, or otherwise, of any property or document produced before the Court or 
in its custody, or regarding which any offence appears to have been committed or which has been used for 
the commission of any offence. 

(2) Where any order has been made under sub-section (1) in respect of property regarding which an 
offence  appears  to  have  been  committed,  a  copy  of  such  order  signed  and  certified  by  the  authority 
making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose 
jurisdiction  such  property  for  the  time  being  is  situated,  and  such  Magistrate  shall thereupon  cause the 
order to be carried into effect as if it were an order passed by him under the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974). 

(3) In this section, the term  “property” includes in the case of property regarding which an offence 
appears to have been committed, not only such property as has been originally in the possession or under 
the control of any person, but also any property into or for which the same may have been  converted or 
exchanged and anything acquired by such conversion or exchange whether immediately or otherwise. 

103. Powers of Security Guard Court in relation to proceedings under the Act.—Any trial by a 
Security Guard Court under the provisions of this Act shall be deemed to be a judicial proceeding within 
the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Security Guard Court 
shall  be  deemed  to  be  a  Court  within  the  meaning  of  sections  345  and  346  of  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974). 

26 

 
CHAPTER VIII 

CONFIRMATION AND REVISION 

104.  Finding  and  sentence  not  valid,  unless  confirmed.—No  finding  or  sentence  of  a  General 
Security Guard Court or a Petty Security Guard Court shall be valid except so far as it may be confirmed 
as provided by this Act. 

105.  Power  to  confirm  finding  and  sentence  of  General  Security  Guard  Court.—The  findings 
and sentences of General Security Guard Courts may be confirmed by the Central Government or by any 
officer empowered in this behalf by warrant of the Central Government. 

 106. Power to confirm finding and sentence of Petty Security Guard Court.—The findings and 
sentences of Petty Security Guard Courts may be confirmed by an authority or officer having power to 
convene a General Security Guard Court or by any officer empowered in this behalf by warrant of such 
authority or officer. 

107. Limitation of powers of confirming authority.—A warrant issued under section 105 or section 

106 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. 

108. Power of confirming authority to mitigate, remit or commute sentences.—Subject to such 
restrictions, reservations or conditions, as may be contained in any warrant issued under section 105 or 
section  106,  a  confirming  authority  may,  when  confirming  the  sentence  of  a  Security  Guard  Court, 
mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or 
punishments  lower  in  the  scale  laid  down in section 47  or  may  set  aside the proceedings  of the trial  if 
found to be illegal. 

109. Revision of finding or sentence.—(1) Any finding or sentence of a Security Guard Court which 
requires confirmation may be once revised by the order of the confirming authority and on such revision, 
the Court, if so directed by the confirming authority, may take additional evidence. 

(2)  The  Court,  on  revision,  shall  consist  of  the  same  officers  as  were  present  when  the  original 

decision was passed, unless any of those officers are unavoidably absent. 

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, 
and  the  Court  shall  proceed  with the  revision,  provided  that, if  a  General  Security  Guard  Court, it still 
consists of five officers, or, if a Petty Security Guard Court, of three officers. 

110. Finding and sentence of a Summary Security Guard Court.—The finding and sentence of a 

Summary Security Guard Court shall not require to be confirmed, but may be carried out forthwith. 

111.  Transmission  of  proceedings  of  Summary  Security  Guard  Court.—The  proceedings  of 
every Summary Security Guard Court shall, without delay, be forwarded to the officer not below the rank 
of a Deputy Inspector-General within whose command the trial was held, or to the prescribed officer, and 
such  officer,  or  the  Director-General  or  any  officer  empowered  by  him  in  this  behalf  may,  for  reasons 
based on the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce 
the sentence to any other sentence which the Court might have passed. 

112. Alteration of finding of sentence in certain cases.—(1) Where a finding of guilty by a Security 
Guard Court, which has been confirmed or which does not require confirmation, is found for any reason 
to be invalid or cannot be supported by the evidence, the authority which would have had power under 
section  124  to  commute  the  punishment  awarded  by  the  sentence,  if  the  finding  had  been  valid,  may 
substitute a new finding and pass a sentence for the offence specified or involved in such finding: 

Provided that no such substitution shall be made unless such findings could have been validly made 
by the Security Guard Court on the charge and unless it appears that the Security Guard Court must have 
been satisfied of the facts establishing the said offence. 

(2) Where a sentence passed by a Security Guard Court which has been confirmed, or which does not 
require  confirmation,  not  being  a  sentence  passed  in  pursuance  of  a  new  finding  substituted  under       
sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass 
a valid sentence. 

27 

 
(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not 
be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for 
which a new sentence is substituted under this section. 

(4) Any finding substituted, or any sentence passed under this section shall, for the purposes of this 
Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Guard 
Court. 

113.  Remedy  against  order,  finding  or  sentence  of  Security  Guard  Court.—(1)  Any  person 
subject  to  this  Act  who  considers  himself  aggrieved  by  any  order  passed  by  any  Security  Guard  Court 
may present a petition to the officer or authority empowered to confirm any finding or sentence of such 
Security Guard Court, and the confirming authority may take such steps as may be considered necessary 
to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any 
proceeding to which the order relates. 

(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any 
Security Guard Court which has been confirmed, may present a petition to the Central Government, the 
Director-General, or any prescribed officer superior in command to the one who confirmed such finding 
or sentence, and the Central Government, the Director-General, or the prescribed officer, as the case may 
be, may pass such order thereon as it or he thinks fit. 

114. Annulment of proceedings.—The Central Government, the Director-General or an  Inspector-
General  may  annul  the  proceedings  of  any  Security  Guard  Court  on  the  ground  that they  are illegal  or 
unjust. 

CHAPTER IX 

EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. 

115. Form of sentence of death.—In awarding a sentence of death, a Security Guard Court shall, in 
its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or 
shall suffer death by being shot to death. 

116.  Commencement  of  sentence  of  imprisonment.—Whenever  any  person  is  sentenced  by  a 
Security Guard Court under this Act to imprisonment, the term of his sentence shall, whether it has been 
revised or not, be reckoned to commence on the day on which the original proceedings were signed by the 
presiding officer, or in the case of a Summary Security Guard Court, by the Court: 

Provided that the period of detention or confinement, if any undergone by an accused person, during 
the investigation, inquiry or trial of the case in which he is sentenced and before the date on which the 
original proceedings were signed shall be set-off against the term of his sentence and the liability of such 
person to undergo imprisonment shall be restricted to the remainder, if any of the term of his sentence. 

117.  Execution  of  sentence  of  imprisonment.—(1)  Whenever  any  sentence  of  imprisonment  is 
passed  under  this  Act  by  a  Security  Guard  Court  or  whenever  any  sentence  of  death  is  commuted  to 
imprisonment, the confirming officer, or in case of a Summary Security Guard Court the officer holding 
the Court or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) 
and (4), direct that the sentence shall be carried out by confinement in a civil prison. 

(2)  When  a  direction  has  been  made  under  sub-section  (1),  the  Commander  of  the  person  under 
sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the 
officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to 
such prison with the warrant. 

(3)  In  the  case  of  a  sentence  of  imprisonment  for  a  period  not  exceeding  three  months  and  passed 
under this Act by a Security Guard Court, the appropriate officer under sub-section (1) may direct that the 
sentence shall be carried out by confinement in Security Guard custody instead of in a civil prison. 

28 

 
(4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as 
the Deputy Inspector-General within whose command the person sentenced is serving or any prescribed 
officer, may, from time to time, appoint. 

118.  Temporary  custody  of  offender.—Where  a  sentence  of  imprisonment  is  directed  to  be 
undergone in a civil prison the offender may be kept in Security Guard custody or in any other fit place, 
till such time as it is possible to send him to a civil prison. 

119.  Execution  of  sentence  of  imprisonment  in  special  cases.—Whenever,  in  the  opinion  of  an 
officer  not  below  the  rank  of  a  Deputy  Inspector-General  within  whose  command  the  trial is  held, any 
sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out 
in Security Guard custody in accordance with the provisions of section 117, such officer may direct that 
such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit 
place. 

120. Conveyance of prisoner from place to place.—A person under sentence of imprisonment may, 
during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to 
such restraint as is necessary for his safe conduct and removal. 

121. Communication of certain orders to prison officers.—Whenever an order is duly made under 
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a 
civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or 
his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which 
such person is confined. 

122. Execution of sentence of fine.—When a sentence of fine is imposed by a Security Guard Court 
under  section  45,  a  copy  of  such  sentence  signed  and  certified  by  the  confirming  officer,  or  where  no 
confirmation is required, by the officer holding the trial may be sent to any Magistrate in India, and such 
Magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974), as if it were a sentence of fine imposed by such Magistrate. 

123.  Informality  or  error  in  the  order  or  warrant.—Whenever  any  person  is  sentenced  to 
imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be 
confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall 
not be deemed to be illegal only by reason of informality or error in, or as respects, the order, warrant or 
other document, or the authority by which, or in pursuance whereof such person was brought into, or, is 
confined in any such place, and any such order, warrant or document may be amended accordingly. 

124. Pardon and remission.—When any person subject to this Act has been convicted by a Security 
Guard Court of any offence, the Central Government or the Director-General or, in the case of a sentence, 
which he could have confirmed or which did not require confirmation, an officer not below the rank of a 
Deputy Inspector-General within whose command such person at the time of conviction was serving, or 
the prescribed officer may,— 

(a) either  with  or  without conditions  which the  person  sentenced  accepts, pardon  the person  or 

remit the whole or any part of the punishment awarded; or 

(b) mitigate the punishment awarded; or 

(c) commute such punishment for any less punishment or punishments mentioned in this Act; or 

(d) either with or without conditions which the person sentenced accepts, release the person on 

parole. 

125. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on 
which  a  person  has  been  pardoned  or  released  on  parole  or  a  punishment  has  been  remitted  is,  in  the 
opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may 
cancel  the  pardon,  release  or  remission,  and  thereupon  the  sentence  of  the  Court  shall  be  carried  into 
effect as if such pardon, release or remission had not been granted. 

29 

 
(2)  A  person  whose  sentence  of  imprisonment  is  carried  into  effect  under  the  provisions  of            

sub-section (1) shall undergo only the unexpired portion of his sentence. 

126. Suspension of sentence of imprisonment.—(1) Where a person subject to this Act is sentenced 
by a Security Guard Court to imprisonment, the Central Government, the Director-General or any officer 
empowered  to  convene  a  General  Security  Guard  Court  may  suspend  the  sentence  whether  or  not  the 
offender has already been committed to prison or to Security Guard custody. 

(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced, 
direct  that  until  the  orders  of  such  authority  or  officer  have  been  obtained  the  offender  shall  not  be 
committed to prison or to Security Guard custody. 

(3)  The  powers  conferred  by  sub-sections  (1)  and  (2)  may  be  exercised  in  the  case  of  any  such 

sentence which has been confirmed, reduced or commuted. 

127. Orders pending suspension.—(1) Where the sentence referred to in section 126 is imposed by 
a Security Guard Court, other than a Summary Security Guard Court, the confirming officer may, when 
confirming the sentence, direct that the offender be not committed to prison or to Security Guard custody 
until the orders of the authority or officer specified in section 126, have been obtained. 

(2) Where a sentence of imprisonment is imposed by a Summary Security Guard Court, the officer 

holding the trial may make the direction referred to in sub-section (1). 

128. Release on suspension.—Where a sentence is suspended under section 126, the offender shall 

forthwith be released from custody. 

129.  Computation  of  period  of  suspension.—Any  period  during  which  the  sentence  is  under 

suspension shall be reckoned as part of the term of such sentence. 

130.  Order  after  suspension.—The  authority  or  officer  specified  in  section  126  may,  at  any  time 

while a sentence is suspended, order— 

(a) that the offender be committed to undergo the unexpired portion of the sentence; or 

(b) that the sentence be remitted. 

131. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case 
may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or 
officer specified in section 126, or by any officer not below the rank of a Deputy Inspector-General duly 
authorised by the authority or officer specified in section 126. 

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 
the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the 
matter to the authority or officer specified in section 126. 

132. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended 

under this Act, is sentenced for any other offence, then— 

(a)  if  the  further  sentence  is  also  suspended  under  this  Act,  the  two  sentences  shall  run 

concurrently; 

(b) if the further sentence is for a period of three months or more and is not suspended under this 
Act,  the  offender  shall  also  be  committed  to  prison  or  Security  Guard  custody  for  the  unexpired 
portion of the previous sentence, but both sentences shall run concurrently; and 

(c) if the further sentence is for a period of less than three months and is not suspended under this 
Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject 
to any order which may be passed under section 130 or section 131 continue to be suspended. 

133.  Scope  of  power  of  suspension.—The  powers  conferred  by  sections  126  and  130  shall  be  in 

addition to, and not in derogation of, the power of mitigation, remission and commutation. 

30 

 
134. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence 
the  punishment  of  dismissal  has  been  awarded  by  a  Security  Guard  Court,  and  such  other  sentence  is 
suspended under section 126, then, such dismissal shall not take effect until so ordered by the authority or 
officer specified in section 126. 

(2)  If  such  other  sentence  is  remitted  under  section  130,  the  punishment  of  dismissal  shall  also  be 

remitted. 

CHAPTER X 

MISCELLANEOUS 

135. Rank structure.—(1) The officers and other members of the Security Guard shall be classified 

in accordance with their ranks in the following categories, namely:— 

(a) officers— 

(i) Director-General. 

(ii) Additional Director-General. 

(iii) Inspector-General. 

(iv) Deputy Inspector-General. 

(v) Group Commander. 

(vi) Squadron Commander. 

(vii) Team Commander 

(b) Assistant Commanders— 

(viii) Assistant Commander Grade I. 

(ix) Assistant Commander Grade II. 

(x) Assistant Commander Grade III. 

(c) person other than officers and Assistant Commanders— 

(xi) Ranger Grade I. 

(xii) Ranger Grade II. 

(xiii) Combatised tradesmen. 

(2)  The  matters  relating  to  inter  se  seniority  of  persons  belonging  to  the  same  rank  shall  be 

determined in accordance with such rules as may be prescribed. 

(3)  Notwithstanding  anything  contained  in  this  Act,  the  Director-General  may,  subject  to 
confirmation  by  the  Central  Government  as  provided  hereinafter,  grant  to  an  officer  or  Assistant 
Commander  Grade  I  a  rank,  mentioned  in  clause  (a)  of  sub-section  (1)  as  a  local  rank,  whenever 
considered necessary by him in the interest of better functioning of the Security Guard. 

(4) An officer or Assistant Commander Grade I holding a local rank,— 

(a) shall exercise the command and be vested with powers of an officer holding that rank; 

(b) shall cease to hold that rank, if the grant of such rank is not confirmed within one month by 
the Central Government, or when so ordered by the Director-General or when he ceases to hold the 
appointment for which the rank was granted; 

(c) shall not be entitled to claim any seniority over other officers by virtue of his having held such 

local rank; and 

(d) shall not be entitled to any extra pay for holding such rank. 

31 

 
136.  Deduction  from  pay  and  allowances.—(1)  Subject  to  the  provisions  of  sub-section  (4),  the 

following deductions may be made from the pay and allowances of an officer, that is to say— 

(a) all pay and allowances due to an officer for every day he absents himself without leave, unless 
a satisfactory explanation has been given and accepted by the Inspector-General under whom he is for 
the time being serving, and for every day of imprisonment awarded by a Criminal Court or a Security 
Guard Court; 

(b) any sum required to make good the pay of any person subject to this Act which the officer has 

unlawfully retained or unlawfully refused to pay; 

(c) any sum required to be paid as fine imposed by a Criminal Court; 

(d) any sum required to make up any loss, damage or destruction of public property or property 
belonging  to  the  Security  Guard  which,  after  due  investigation,  appears  to  the  Inspector-General 
under  whom  the  officer  is  for  the  time  being  serving,  to  have  been  occasioned  by  wrongful  act  or 
negligence on the part of the officer; 

(e) any sum required by an order of the Central Government to be paid for the maintenance of his 
wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the 
said Government to the said wife or child. 

(2) Subject to the provisions of sub-section (4), the following deductions may be made from the pay 

and allowances of a person subject to this Act, other than an officer, that is to say,— 

(a)  all  pay  and  allowances  due  to  him  for  every  day  of  absence  either  on  desertion  or  without 
leave unless a satisfactory explanation has been given and accepted by his Commander and for every 
day of imprisonment awarded by a Criminal Court, a Security Guard Court or an officer exercising 
authority under section 51; 

(b)  any  sum  required  to  make  good  the  pay  of  any  person  subject  to  this  Act  which  he  has 

unlawfully retained or unlawfully refused to pay; 

(c)  any  sum  required  to  make  good  such  compensation  for  any  expenses,  loss,  damage  or 
destruction caused by him to the Central Government or to any building or property or any private 
fund of the Security Guard as may be awarded by his Commander; 

(d) any sum required to be paid as fine imposed by a Criminal Court; 

(e) any sum required by an order of the Central Government to be paid for the maintenance of his 
wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the 
said Government to the said wife or child. 

(3)  (i)  No  person shall  be treated  as  absent  or  under imprisonment  for  a  day  unless the  absence  or 
imprisonment  has lasted, whether  wholly  in one  day  or  partly  in one  day  and partly  in another,  for  six 
consecutive hours or upwards. 

(ii) Any absence or imprisonment for less than a day may be reckoned as absence or imprisonment 
for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member of 
the Security Guard which was thereby thrown upon some other member. 

(4) The total  deductions  from  the  pay  and allowances  of  a  person  made  under clauses  (b) to (e)  of 
sub-section (1) or clauses (b) to (e) of sub-section (2) shall not, except where he is sentenced to dismissal, 
exceed in any one month, one-half of his pay and allowances for that month. 

(5) Any sum authorised by this Act to be deducted from the pay and allowances of any person may, 
without prejudice to any other mode of recovering the same, be deducted from any public money due to 
him other than a pension. 

(6)  The  following  shall  be  the  authorities  competent  to  order  deductions  from  pay  and  allowances 

under this Act, namely:— 

(a)  Commanders  not  below  the  rank  of  Group  Commanders,  in  the  case  of  persons  other  than 

officers; 

32 

 
(b) Inspector-General, in the case of officers. 

(7)  Any  authority  superior  to  the  one  ordering  any  deduction  under  this  Act  shall  be  competent  to 

remit the whole or part of the said deduction. 

(8) Any power conferred by the provisions of this section on an officer may be exercised by an officer 

or authority superior in command to the first mentioned officer. 

137. Powers and duties conferable and imposable on members of the Security Guard.—(1) The 
Central Government may, by general or special order published in the Official Gazette, direct that, subject 
to such conditions and limitations as may be specified in the order, any member of the Security Guard 
may exercise or discharge such of the powers or duties under any Central Act as may be specified in the 
said order, being the powers and duties which, in the opinion of the Central Government, an officer of the 
corresponding  or  lower  rank  is  by  such  Central  Act  empowered  to  exercise  or  discharge  for  the  said 
purposes. 

(2)  The  Central  Government  may,  by  general  or  special  order  published  in  the  Official  Gazette, 
confer or impose, with the concurrence of the State Government concerned, any of the powers or duties 
which  may  be  exercised  or  discharged  under  a  State  Act  by  a  police  officer  upon  a  member  of  the 
Security Guard who, in the opinion of the Central Government, holds a corresponding or higher rank. 

(3) Every order made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session for a total period of thirty days which may be comprised in one 
session  or  in  two  or  more  successive  sessions  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the order or both Houses agree that the order should not be made, the order shall thereafter have effect 
only in such modified form or be of no effect, as the case may be; so, however, that any such modification 
or annulment shall be without prejudice to the validity of anything previously done under that order. 

138. Protection for acts of members of the Security Guard.—(1) In any suit or proceeding against 
any  member  of  the  Security  Guard  for  any  act  done  by  him  in  pursuance  of  a  warrant  or  order  of  a 
competent authority, it shall be lawful for him to plead that such act was done by him under the authority 
of such warrant or order. 

(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it 
is so proved the member of the Security Guard shall thereupon be discharged from liability in respect of 
the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such 
warrant or order. 

(3)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  any  legal 
proceeding (whether civil or criminal) which may lawfully be brought against any member of the Security 
Guard for anything done or intended to be done under the powers conferred by, or in pursuance of, any 
provision of this Act or the rules, shall be commenced within three months after the act complained of 
was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall 
be  given  to  the  defendant or  his superior  officer  at  least  one  month  before  the commencement  of  such 
proceeding. 

139.  Power  to  make  rules.—(1)  The  Central  Government  may,  by  notification,  make  rules  for 

carrying out the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the manner in which the Security Guard shall be constituted and the conditions of service of 

its members under sub-section (1) of section 4; 

(b) the nature of the book or letter or other document, the communication or publication whereof 

would not be restricted by sub-section (1) of section 12; 

(c)  the  purposes  other  than  political  purposes  for  which  a  person  subject  to  the  Act  shall  not 

participate in, or address, any meeting or demonstration under sub-section (2) of section 12; 

33 

 
(d)  the  purposes  for  which  the  forfeiture  of  service  as  a  punishment  may  be  inflicted  under       

sub-section (1) of section 47; 

(e) the manner in which officers may be proceeded against under section 53 and sub-sections (1) 

and (2) of section 54; 

(f) the manner in which and the period for which any person subject to this Act may be taken into 

and detained in Security Guard custody pending his trial under sub-section (4) of section 56; 

(g) the manner in which a Court of inquiry enquiring into the absence of person, shall administer 

oath or affirmation under sub-section (1) of section 60; 

(h) the  manner  in  which a  vacancy  may  be  filled in on  the retirement  of  a  member  of  General 

Security Guard Court or a Petty Security Guard Court under sub-section (3) of section 81; 

(i) the manner in which oath or affirmation shall be administered to the members of the Security 

Guard Courts and the Judge Attorney, etc., under sub-section (1) of section 82; 

(j) the manner in which a person giving evidence before a Security Guard Court shall be sworn or 

affirmed in under sub-section (2) of section 82; 

(k) the manner in which a Security Guard Court when convicting a person may inquire into under 

sub-section (1) of section 95; 

(l)  the  manner  in  which  an  accused  person  shall  be  kept  in  custody  under  sub-section  (4)  of 

section 96; 

(m)  the  form  of  the  warrant  which  shall  be  forwarded  to  the  officer  in  charge  of  the  prison           

in  which  a  person  under  sentence  of  imprisonment  is  to  be  conferred  under  sub-section  (2)  of     
section 117; 

(n)  the  person  who  shall  forward  the  warrant  for  the  confinement  of  a  person  in  a  civil  prison 

under section 121; 

(o)  the  matters  relating  to  inter  se  seniority  of  persons  belonging  to  the  same  rank  under          

sub-section (2) of section 135; 

(p)  the  authorities  or  officers  to  be  prescribed  under  section  7,  sub-section  (2)  of  section  10,    
sub-section  (1)  of  section  12,  section  77,  section  97,  section  111,  sub-section  (2)  of  section  113,     
sub-sections (1), (2) and (4) of section 117 and section 124; 

(q) any other matter which is to be, or may be, prescribed or in respect of which this Act makes 
no  provision  or  makes  insufficient  provision  and  provision  is,  in  the  opinion  of  the  Central 
Government, necessary for the proper implementation of this Act. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised 
in  one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making 
any  modification  in  the  rule  or  both  Houses  agree  that  the  rule  should  not  be  made,  the  rule  shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 
that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything 
previously done under that rule. 

140.  Provisions  as  to  existing  National  Security  Guard.—(1)  The  National  Security  Guard  in 
existence at the commencement of this Act shall be deemed to be the Security Guard constituted under 
this Act. 

(2) The members of the National Security Guard in existence at the commencement of this Act shall 

be deemed to have been appointed as such under this Act. 

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(3)  Anything  done  or  any  action  taken  before  the  commencement  of  this  Act  in  relation  to  the 
constitution  of  the  National  Security  Guard  referred  to  in  sub-section  (1),  in  relation  to  any  person 
appointed, shall be as valid and as effective in law as if such thing or action was done or taken under this 
Act: 

Provided that nothing in this sub-section shall render any person guilty of any offence in respect of 

anything done or omitted to be done by him before the commencement of this Act. 

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